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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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My husbands ex wife has carried Medicaid health insurance

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My husband's ex wife has carried Medicaid health insurance on their son since January 2012. The son had surgery in February 2012. My husband's health insurance was applied to the bill as per their divorce decree, my husband has to have health insurance on him. We did not find out that she had Medicaid on their son until January 2013 and she never applied the insurance to the medical bill. She attempted to add the insurance to the bill in February 2013, but Medicaid said they would not back date that far. Is she liable for paying the rest of the bill and reimbursing us on what we have spent out of pocket on the costs from his surgery?

Dave Kennett :

What does the divorce decree say as to expenses not covered by insurance? Do you know if the Medicaid would have covered the entire amount had the claim been turned in?


Per their divorce decree my husband would pay 60 percent and she would pay 40 percent of uncovered costs. We do not know if Medicaid would have covered everything if it was applied to the bill. We are assuming so.


It does say in their paperowrk that they must inform each other of any insurance covered on the child.

My opinion is that if the Medicaid would have covered the bill and she never turned it in or informed you then she is liable for the excess cost. So what I would suggest is for you to find out from Medicaid what would have been covered had this been turned in and whether both insurance policies would have been applied. Once you get that information then you have the basis to file a motion for contempt to claim that she violated the terms of the divorce decree by not informing your husband of the additional insurance in a timely manner. In the end, she would either be responsible for the entire excess if it would have been covered by Medicaid or 40% of whatever would not have been covered. You should be able to submit the facts to Medicaid to find out what would be covered under these circumstances.
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